STATE BOARD OF HEATING, VENTILATION, AIR-CONDITIONING AND

REFRIGERATION CONTRACTORS

BUSINESS MEETING MINUTES

DATE: April 11, 2012

TIME: 9:40 a.m.

PLACE: 500 N. Calvert Street

2nd Floor Conference Room

Baltimore, Maryland 21202

PRESENT: James Johnson, Chair

Fred Matusky

Allen Clinedinst, III

George Warren

Robert Gawne

ABSENT: Valencia T. Johnson

STAFF PARTICIPATING: Harry Loleas, Commissioner

Occupational and Professional Licensing

Steven Smitson, Assistant Commissioner,

Office of Home and Mechanical Services

Sloane Fried Kinstler, Assistant Attorney General

Patricia McCray, Administrative Officer

GUEST: Clifton Savoy, Sheet Metal Workers Local 100

CALL TO ORDER

Chairman James Johnson called the Business Meeting of the State Board of Heating, Ventilation, Air-Conditioning and Refrigeration Contractors (“Board”) to order at 9:40 a.m.

APPROVAL OF MINUTES

The members of the Board reviewed the minutes of the February 8, 2012 Board meeting and

MOTION I was made by Mr. Matusky, seconded by Mr. Warren, and unanimously carried to approve the minutes as amended.

APPLICATION REVIEW COMMITTEE REPORT

The Application Committee met prior to the Board meeting and deferred its report until the May Board meeting.

COMPLAINT COMMITTEE REPORT

The Complaint Committee submitted the following report: 211 complaints are open; 69 complaints are under intake review; 15 complaints are recommended to be closed; 10 complaints are under investigation; 50 complaints are awaiting pre-charge review; 5 complaints have been referred for criminal charges; and 3 complaints are scheduled for hearings at the Office of Administrative Hearings.

Mr. Clinedinst requested that staff screen and close any complaint that does not require committee review.

MOTION II was made by Mr. Gawne, seconded by Mr. Matusky and unanimously carried to accept the Complaint Committee report.

EXAM REPORT

The examination report for the month of March 2012 as reported by PSI Exams is as follows:

Candidates Tested / Passed / Failed / Pass %
Total / 86 / 49 / 37 / 57%

OLD BUSINESS

UA STAR Certification

The Board revisited its prior discussion during the February 2012 meeting regarding UA Star Certification and what credit it may give to applicants for a license who have successfully completed the UA Star program and passed the comprehensive exam. Mr. Matusky recommended that the board adopt a policy whereby individuals who have completed the five years UA STAR program requirements and that three years credit be granted toward three years experience requirement to sit for the journey or master examination. Counsel Kinstler stated that the cited Section 9A-302(2) that gives the board authority to grant up to six years credit toward approval to sit for examination. Those individuals who come in with the UA STAR certification should be approved by all board members to sit for examination. Board members asked that this information be posted on the website to be worded as follows:

Notice to Applicants Who have Obtained UA STAR Certification: The board deems that any individual who presents evidence verifying that she or he has obtained the UA STAR Certification is eligible to sit for the State journeyman or master license exam pursuant to Section 9A-302(g)(1, 2 and 3) of the Business Regulation, Annotated Code of Maryland.

Applicants will be required to include evidence of successful completion of the UA Star Certification program in order to receive credit from the Board.

Motion III was made by Mr. Warren, seconded by Mr. Matusky and unanimously carried to accept the language of the notice to applicants that will be posted on the website and on the review application for those who have completed UA STAR Certification.

NEW BUSINESS

House Bill 1445

Commissioner Harry Loleas informed the Board that HB 1445, sponsored by Delegate Stifler, was passed by the General Assembly, and is expected to be signed by Governor O’Malley. The new law requires individuals who are employed on public work contracts to hold a State license in the same category as their specific work classification. The law applies to contractors and employees who provide plumbing services as well as heating, ventilation, air conditioning, and refrigeration services. The new law will go into effect October 1, 2012.

2012 International Mechanical Code

Counsel Kinstler reported that she has reviewed the 2012 International Mechanical Code (IMC) and is ready to meet with Board members to review the changes in the new Code and to assist with adopting the updated IMC. The Board will invite Talbot County Inspector Larry Schuyler and Harvey Caplan, a former instructor, to assist the Committee. Motion IV was made by Mr. Matusky, seconded by Mr. Warren and unanimously carried to request that Mr. Schuyler and Mr. Caplan serve as advisors in the review of the IMC.

CORRESPONDENCE

Request for Informal Conference with Application Review Committee

Two licensing applicants requested the opportunity to meet with the Board’s Application Committee to discuss their applications. The Application Committee agreed to schedule the informal sessions for June 13, 2012. Each applicant will have 10 minutes to discuss their request.

Maryland Plumbing & Mechanical Inspector’s Association

The Board reviewed a letter from the Maryland Plumbing and Mechanical Inspectors’ Association regarding its annual training seminar that is scheduled for April 28, 2012, in Ocean City, Maryland. The Association also invited members of the Board to attend the training as its guests.

COUNSEL'S REPORT

None

CHAIRMAN’S REPORT

None

Adjournment

MOTION V made by Mr. Warren seconded by Mr. Clinedinst and unanimously carried to adjourn. There being no further business meeting was adjourned at 11:30 a.m.

√ Approved without corrections

Approved with corrections

James Johnson June 13, 2012

James Johnson, Chairman Date

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